tively of each of them, subject to certain conditions, to be hereafter described and explained. We have now, then, spoken of colonies as to be considered and provided for as SETTLEMENTS, PROVINCES, and SYSTEMS. The two last conditions are permanent, that of a SETTLEMENT is a state or condition of transition. SECTION II. SETTLEMENT-MODE OF ESTABLISHING-SURVEY-FIRST SALE OF LAND-GOVERNMENT-EXTENT OF INTERFERENCE BY THE COLONY SELF-SUSTAINING-MEANS, LAND, ETC.-THE MONEY OF THE COLONY HOW DEALT WITH-CENSUS -WHEN SETTLEMENT BECOMES A PROVINCE-FRAME OF THE MOTHER-COUNTRY POWERS OF JUDICATURE DIGRESSION CON The earliest condition of the colony is that of a SETTLEMENT. It is that in which it receives the greatest aid from the mother-country, and during which it is most subject to her direct authority-her immediate interference. All interference, however, is not of the same description. The mother-country may interfere by means of the executive-that is, of the administration who act by the Secretary of State for the Colonies in the name of the Crown-or she may exercise her authority through parliament. Theoretically, the last mode of interference can be subjected to no rule-parliament is omnipotent in theory, and may do what it pleases-but such is not, either in fact or in theory, the case with the Colonial Secretary, acting for the Crown. His interference ought in all instances to be according to a predetermined rule, and if he be given any discretionary authority, the limits of that discretion ought to be carefully settled, and definitely stated. Hitherto the interference on the part of the Crown, though directed according to some vague notion of law, has been without any system-and has been in no two cases alike. The earlier colonies were all settled in consequence of certain powers conferred by the Crown in the form of a charter. These charters of the Crown were sometimes very rational, and judicious delegations of power—and liberal and wise grants of territory—on other occasions they seemed rather the results of some disordered dream, than the sober dictates of royal reason. For example, what has been termed "the most ancient American state paper of England,"* was a patent or charter granted by Henry VII. to John Cabot," empowering Cabot himself and his three sons or either of them, their heirs or their deputies, to sail into the eastern, western or northern sea, with a fleet of five. ships at their own proper expense and charges; to search for islands, countries, provinces, or regions hitherto unseen by Christian people; to affix the banners of England on any city, island, or continent, that they might find; and as vassals of the English Crown, to possess and occupy the territories discovered." *** The exclusive right of frequenting all the countries that might be found was reserved unconditionally and without limit of time "to the family of the Cabots and their * Bancroft, History of the United States of America, vol. i. p. 9, and note 1. MODE OF ESTABLISHING A SETTLEMENT. 117 grave assigns." A wilder document could hardly have been devised, had the author been the narrator of the stories of The Thousand and One Nights, and not of the and astute Henry VII. If, however, we look at the charter granted to Rhode Island by Charles II., or rather by Lord Clarendon in his name, we shall find a constitution established, which Rhode Island retained almost unaltered when she became an independent state. Such were the wide oscillations of the royal will. But in the present times such vagaries are not likely to occur though there has been as yet no approach to anything like a system, or rule.* The fact being that the persons who have exercised power, whether open and avowed, or hidden and circuitous, have never looked upon the subject with any view or purpose of establishing a rule for the continued guidance of colonial ministers in the great and noble duty of increasing indefinitely the colonial dominion of England. What we need, however, is a rule. We want an authorized explanation of the steps necessary to be taken by those who propose to lay the foundations of a new colony-we need also an Act of Parliament which, contemplating men laying such foundations, shall before-hand determine accurately what laws, and what authority, shall at once, upon the formal declaration of the boundaries of a new colony, obtain, and have power within those limits. Such an act we want, for without it, there is no hope of escaping from * If we are to judge by some late doings of our Colonial Office, I fear we must allow that the days of vagaries have not entirely passed away. New Zealand has been a favourite field for the freaks of Colonial Secretaries of State. our present wretched, lame, and mischievous condition of irresponsibility, ignorance, and jobbing. For the purpose of illustrating my meaning and establishing, as accurately as I can, the principles which ought in my opinion to preside over these proceedings, I will suppose a case, and lay the scene in Australasia. Very lately a company, composed of persons of the highest respectability and intelligence, obtained an immense tract of land north of Sydney, and they are endeavouring to the best of their ability to form a new colony, in the hope (a very legitimate hope) of giving a value to their land, by making a new and flourishing community. Now, instead of this imperfect mode of proceeding, my plan would have been as follows: These gentlemen being desirous of planting a new colony, would have applied, according to a set form, to the Colonial Minister in England.* The minister determines to permit the planting of this new colony. But I in my plan assume, that the boundaries of the SETTLEMENT† of SYDNEY have been ascertained, and that Sydney is in the transition state of a SETTLEMENT, but proceeding * As we advance in the exposition of the whole of my scheme, this first application will receive important modifications. + Why this colony is here called a settlement and not a province, will hereafter appear. And I introduce here a mention of Sydney for two reasons: 1st The land given or sold to the company above mentioned lies north of, and conterminous with, Sydney, and therefore the question of boundary between the new colony and Sydney will arise; and 2nd, I desire to explain the mode in which such a question of boundary in all cases would be provided for. Sydney under my plan would long since have been a PROVINCE. The minister, ,) That a rapidly to the condition of a PROVINCE. that is, the Secretary of State, having so determined, he, according to the provisions of the general act, which I assume to have been passed, gives notice in the Gazette, "that a SETTLEMENT, called ( ) is hereby declared to be founded from the date of the present publication: That its boundaries are ( commission has been issued, appointing ( ) commissioners, for the purpose of surveying the territories lying within the limits herein above stated, and which territories will hereafter constitute the SETTLEMENT of *above-named. That so soon as the survey so commanded has been duly performed, notice thereof will be given in the Gazette, and a day appointed for the sale of lands in the said SETTLEMENT of which land so surveyed, maps will be duly published." ( The commission for the surveying the new colony having been issued, the commissioners, with the surveyors, &c., are at once despatched to their work. The expense of this survey will be covered by the sale of the lands, as hereafter to be described. The survey is a most important proceeding. It need not indeed be actually performed of the whole new outlying, and unappropriated wild territory; but whatever is done, must be done with a view to the whole eventual survey, and with a comprehensive regard to the great * I have not ventured on a name for my imaginary colony, but would suggest that some rational system of naming should be adopted. Really new, and thereby distinguishing names ought to be employed. We pursue at present Dandie Dinmont's plan with his dogs. |